A complaint affidavit states Vance-Shipp “openly admitted to using narcotics and was found to have methamphetamines as well as cannabis in her system at the time of James' death.”

In January, Vance-Shipp pleaded no contest to neglect of a child causing great bodily harm.

Without a plea deal in place, her punishment was left up to Shelby to decide. A sentencing hearing was held March 20. A score sheet prepared for her case calculated her lowest sentence to be 111 months in prison. The judge was allowed to impose a lower sentence if he found certain legal criteria applied in her case.

Prosecutors recommended that Vance-Shipp receive 111 months in prison for the death of her son.

“It was her neglect that led to his death,” said Assistant State Attorney Nicholas Merriweather.

He argued a few weeks before the drowning that Vance-Shipp wasn't properly supervising her children, and Shane poured a solution of bleach and water on his little brother.

Merriweather said such a previous incident should have put Vance-Shipp more on guard to carefully watch her children.

Vance-Shipp's lawyer, Marlisa Demond, described the death of James Shipp as a “terrible tragedy.”

“She went into the kitchen to get a cup to rinse her son's hair,” Demond said. “She got distracted. It's easy enough to do. (She) didn't realize how much time had passed.”

She had no idea that her youngest son was anywhere near the bathtub, Demond said.

She said Vance-Shipp has no prior criminal history and has shown remorse for her youngest son's death and she no longer has custody of her older son.

Vance-Shipp voluntarily terminated her parental rights to Shane, who has been adopted by a grandmother, Demond said.

“Mrs. Vance-Shipp not only lost her younger son but, as a result, she lost her older child,” Demond said.

The judge decided to place Vance-Shipp on probation.

“It's one of life's great tragedies,” Shelby said. “So I'm sure as your attorney mentioned that if you had it to do over again you definitely would do it differently.”

He ordered that Vance-Shipp must undergo a mental health and drug evaluation, and follow any recommended treatment. She is subject to random drug testing during her probation.

The judge warned Vance-Shipp that she could go to prison if she violates the conditions of her probation.

[ Jason Geary can be reached at jason.geary@theledger.com or 863-802-7536. ]

<p>BARTOW | A judge went against prosecutors' requests and did not put a Haines City woman behind bars for failing to supervise her 1-year-old son who drowned.</p><p>Instead, Circuit Judge Glenn Shelby ordered that Deborah Vance-Shipp should serve 10 years of probation.</p><p>The decision came last week during a sentencing hearing before Shelby.</p><p>In addition to sparing her incarceration, the judge agreed to withhold adjudication, meaning Vance-Shipp does not have a felony conviction on her record.</p><p>Vance-Shipp's son, James Shipp, drowned on Feb. 15, 2012, at his family's apartment on Peninsular Drive in Haines City, according to police reports.</p><p>Vance-Shipp told police in an interview that she was bathing her 3-year-old son, Shane, and left the drain open so the water would continually flow down, reports state.</p><p>She went to the kitchen to get a cup so she could rinse her son's hair, reports state.</p><p>Vance-Shipp initially told police that she was gone for a matter of 15 to 20 seconds.</p><p>However, later she said it could have been about 10 minutes because she was putting away some items in the kitchen, according to a transcript of her statement.</p><p>She returned to the bathroom, and water was filling up the tub because the drain was closed, reports state.</p><p>Her 3-year-old son was standing up in the tub, and her 1-year-old son was unresponsive and not breathing on the floor near the bathtub, reports state.</p><p>An autopsy later concluded the boy drowned.</p><p>Police recovered methamphetamine and drug paraphernalia during the investigation, reports state.</p><p>A complaint affidavit states Vance-Shipp “openly admitted to using narcotics and was found to have methamphetamines as well as cannabis in her system at the time of James' death.”</p><p>In January, Vance-Shipp pleaded no contest to neglect of a child causing great bodily harm.</p><p>Without a plea deal in place, her punishment was left up to Shelby to decide. A sentencing hearing was held March 20. A score sheet prepared for her case calculated her lowest sentence to be 111 months in prison. The judge was allowed to impose a lower sentence if he found certain legal criteria applied in her case.</p><p>Prosecutors recommended that Vance-Shipp receive 111 months in prison for the death of her son.</p><p>“It was her neglect that led to his death,” said Assistant State Attorney Nicholas Merriweather.</p><p>He argued a few weeks before the drowning that Vance-Shipp wasn't properly supervising her children, and Shane poured a solution of bleach and water on his little brother.</p><p>Merriweather said such a previous incident should have put Vance-Shipp more on guard to carefully watch her children.</p><p>Vance-Shipp's lawyer, Marlisa Demond, described the death of James Shipp as a “terrible tragedy.”</p><p>“She went into the kitchen to get a cup to rinse her son's hair,” Demond said. “She got distracted. It's easy enough to do. (She) didn't realize how much time had passed.”</p><p>She had no idea that her youngest son was anywhere near the bathtub, Demond said.</p><p>She said Vance-Shipp has no prior criminal history and has shown remorse for her youngest son's death and she no longer has custody of her older son.</p><p>Vance-Shipp voluntarily terminated her parental rights to Shane, who has been adopted by a grandmother, Demond said.</p><p>“Mrs. Vance-Shipp not only lost her younger son but, as a result, she lost her older child,” Demond said.</p><p>The judge decided to place Vance-Shipp on probation.</p><p>“It's one of life's great tragedies,” Shelby said. “So I'm sure as your attorney mentioned that if you had it to do over again you definitely would do it differently.”</p><p>He ordered that Vance-Shipp must undergo a mental health and drug evaluation, and follow any recommended treatment. She is subject to random drug testing during her probation.</p><p>The judge warned Vance-Shipp that she could go to prison if she violates the conditions of her probation.</p><p>[ Jason Geary can be reached at jason.geary@theledger.com or 863-802-7536. ]</p>